Alcohol advertising: The debate continues...

Ofcom has announced its final decisions concerning alcohol advertising. Adam Withrington sought out some opinions from those working in the industry.

After weeks of speculation and copious coverage in the national and trade press, television watchdog Ofcom this month finally unveiled its plans to tighten up the rules on alcohol advertising. There had been fears that Ofcom was going to wade into the debate with all the subtlety of a rampaging hippo after it issued its original proposals to tighten up drinks advertising in July. One trade member referred to it as "using a sledgehammer to crack a nut".

And drinks companies and brewers were united in criticism of many of Ofcom's proposals. Diageo said some parts of the draft code were "not clear enough" and "may be more restrictive on advertising freedom than Ofcom intends". Even The Portman Group, which had actually called for a tightening of the rules in April, was critical of the watchdog's proposals, saying they were "unnecessarily restrictive".

In the end, Ofcom appeared to heed many of the valid critcisms the trade had to make and it has announced three main changes to the advertising code which will come into force on January 1, 2005:

• Drinks ads should not try to appeal strongly to "youth culture"
• They should not link alcohol to sexual activity or success
• They should not imply or refer to acts of daring, boisterous, aggressive or anti-social behaviour.

However, concern remains after Ofcom also announced that it would remove the guidance notes from the proposals and hand them over to the Broadcast Committee of Advertising Practice (BCAP) for redrafting and another period of consultation.

The guidance was one of the most contentious issues raised in consultation - few, if any, companies were happy with the guidance notes that Ofcom issued. The decision to redraft them, while not bad news, means that this issue has not yet reached a point of closure.

The Publican asked people from across the industry what implications these changes would have. How will alcohol advertising be affected and will it actually have any direct impact on licensees?

• Stuart Cain, director of media services, Coors Brewers:​
  "We've always supported the spirit of the changes and I'd say that the announcement looks tough but workable. Our main issue was with the interpretation notes, but as Ofcom has now handed responsibility for these to the BCAP we won't know what this means in practice for a few months. So, we will have to reserve final judgement until then."

Chris Searle, executive director, Bacardi-Martini:​
"The feeling that Ofcom's original plans were like using 'a sledgehammer to crack a nut' was very justified. In fact I don't think that feeling has gone away. We can't be completely happy with what we have now because we don't feel there is any need for interference. However, turning over the role of regulator to the Advertising Standards Authority (ASA) is positive because it now means the industry can regulate itself far more effectively than it once could.

Don Goulding, managing director, Diageo Great Britain:​
"We agree the time is right to update the alcohol advertising code. In particular, we support Ofcom's intention to reduce the ambiguity between the letter and spirit of the code. We believe that the new code is firm but fair and feel that collaboration between advertisers, BCAP and the ASA will be critical during this period, to ensure a joint understanding of the code."

Nigel Pollard, on-trade PR manager, Scottish Courage:​
"We are very comfortable with what came out of the consultation and we are very confident we can work with the advertising authorities. Ofcom's decision has taken a lot of the ambiguity out of the old rules. However, the big question is how the various parties (ASA, BCAP etc) deal with the guidance notes - having said that, we look forward to playing a role in further consultations."

Official statement from ISBA, an organisation that represents British advertisers:​
"It was inevitable that the industry would not agree with all of Ofcom's recommendations, where these differed significantly from the industry's proposals as detailed in the consultation document.

"The key to the effectiveness of the new codes will be in their operation and we welcome the opportunity to continue a constructive dialogue with the new self-regulatory system governing broadcast advertising administered by the ASA. We are pleased that it appears the final codes will allow for greater common-sense interpretation on a case-by-case basis by the regulatory authorities."

Simon Townsend, customer services director, Enterprise Inns:​
"My thoughts are that the review was very much in line with the principles that drinks suppliers and retailers formed when they signed up with The Portman Group. I think Ofcom has avoided taking the heart and soul out of drinks advertising - this is important because there is a link between drinks advertising and licensees. While it may not be direct, good TV advertising gives licensees an opportunity to take advantage of the promotional material supplied in an outlet."

Jean Coussins, chief executive, The Portman Group:​
"At first sight we are broadly supportive of Ofcom's new rules. They represent a welcome move to align the TV advertising code more closely to those of The Portman Group and the ASA which are widely seen as effective. We are still unsure, however, as to how the regulator will judge 'strong appeal' to children when many cultural references have strong appeal to all sections of society without being particularly relevant to children."

Responses to Ofcom's original July proposals​

In July Ofcom issued its proposals for the future of TV adverts and alcohol. It then launched a consultation and invited any interested parties to declare their opinions.

Here are a selection of the responses sent to the regulator:

• Allied Domecq:​ "We are broadly happy with the proposed changes [to the rule on youth appeal]. While our global marketing code requires advertising not to be aimed specifically at minors, we can both see the logic behind and accept a restriction that advertising should not 'strongly appeal' to minors."

Beverage Brands:​ "The proposed change [tightening up rules on the implication of the use of alcohol leading to social success], could prevent the portrayal of alcohol in perfectly normal (i.e. not excessive) social situations. This is an unreasonable and unrealistic proposal, potentially leading to the portrayal of less natural situations, which may prompt higher risk attitudes to drinking behaviour."

British Medical Association:​ "It is impossible to fine-tune rules to allow advertisers to target audiences over 18 while preventing the campaigns also appealing to viewers in their teens. It is partly for this reason that the BMA favours a ban on alcohol advertising."

The British Beer & Pub Association:​ "There is established and well-respected research that clearly demonstrates alcohol advertising plays no role in encouraging alcohol misuse or certain patterns of drinking and therefore no role in the most relevant issue in this context - the harm that can be caused by the misuse of alcohol."

Swindon Borough Council:​ "More problematic is the tendency of advertisers to make strong associations with 'Latin' culture, a